FOR FCC RECORD ONLY
$//Time Warner Cable of Homosassa, Florida, MO&O, DA-95-288//$
$/76.922 Rates for Cable Programming Service tier/$
$/benchmark cable rates/$

                                Before the
                     Federal Communications Commission
                             Washington, D.C.

                                                                                           DA 95-288

In the matter of                             )
                                             )
Time Warner Cable                                   )       CUID Nos. NC0028 and NC0512
Raleigh, North Carolina                      )      
                                             )
Benchmark Filing To Support          )
Cable Programming Service Price              )



                       Memorandum Opinion and Order

Adopted:  February 21, 1995                  Released:  February 23, 1995

By the Deputy Chief, Cable Services Bureau:

Introduction

       1.      Here we consider complaints about the price Time Warner Cable ("Time
Warner") was charging for its cable programming service ("CPS") tier in Raleigh, North
Carolina, CUID Nos. NC0028 and NC0512.  Time Warner has attempted to justify its price
through a benchmark showing on FCC Form 393.  This Order addresses the reasonableness of
Time Warner's price only through May 14, 1994.  At a later time we will issue a separate
order addressing the reasonableness of the price after that date.

     2.   Under the Cable Television Consumer Protection and Competition Act of
1992, and our rules implementing it, 47 C.F.R. Part 76, Subpart N, the Commission must
review CPS prices upon the filing of a valid complaint.  The filing of a valid complaint
triggers an obligation on behalf of the cable operator to file a justification of its CPS prices. 
Under our rules, an operator may attempt to justify its prices through either a benchmark
showing or a cost-of-service showing.  In either case, the operator has the burden of
demonstrating that its CPS prices are not unreasonable.

     3.   The Commission's original rate regulations took effect on September 1, 1993. 
The Commission subsequently revised its rate regulations effective May 15, 1994.  Operators
with valid CPS complaints filed against them prior to May 15, 1994 must demonstrate that
their CPS prices were in compliance with the Commission's initial rules from the time the
complaint was filed through May 14, 1994, and that their prices were in compliance with the
revised rules from May 15, 1994 forward.  Operators attempting to justify their prices for the
period prior to May 15, 1994 through a benchmark showing must complete and file FCC
Form 393.  Generally, to justify their prices for the period beginning May 15, 1994 through a
benchmark showing, operators must use the FCC Form 1200 series.

Procedural Matters

     4.   The first valid CPS complaints were completed and served on Time Warner on 
September 20, 1993.  The Commission received the complaints on September 23, 1993.

     5.   Time Warner attempted to justify its CPS price through an FCC Form 393 filed
on November 15, 1993.  Time Warner amended its justification on June 24, 1994 in response
to a Cable Services Bureau Order citing common deficiencies observed in benchmark filings
generally.

Discussion
     
     6.    Time Warner asserts that its monthly CPS tier price of $11.93 per subscriber is 
justified by its benchmark filing because its price is equal to the maximum permitted charge
of  $11.93 as calculated in the filing.  Upon review of Time Warner's Form 393, we have
found no apparent errors that would result in Time Warner's CPS tier price exceeding its
maximum permitted price.

Conclusions

     7.     Upon review of the record herein, we conclude that Time Warner's showing
supports a CPS tier price of $11.93 per month (plus franchise fee) for the period of
September 23, 1993 to May 14, 1994 in CUID Nos. NC0028 and NC0512.

     8.    Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the
Commission's Rules, 47 C.F.R.  0.321, that the September 20, 1993 complaints against the
cable programming service price charged by Time Warner Cable in Raleigh, North Carolina, 
CUID Nos. NC0028 and NC0512, and all other complaints relating to the same price, ARE
DENIED TO THE EXTENT INDICATED HEREIN.

     










     9.   IT IS FURTHER ORDERED that the benchmark filing submitted by Time
Warner Cable with respect to CUID Nos. NC0028 and NC0512, for the period of September
23, 1994 to May 14, 1994, justifies a price of $11.93 per month (plus franchise fee) for Time
Warner Cable's cable programming service tier.

                         FEDERAL COMMUNICATIONS COMMISSION




                         Gregory J. Vogt
                         Deputy Chief, Cable Services Bureau